HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-097Temp. Reso #12239 — August 15, 2012
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2012-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO SUBMIT AN APPLICATION TO THE
BROWARD COUNTY MARINE ADVISORY COMMITTEE AND
ACCEPT AN AWARD FOR BROWARD BOATING
IMPROVEMENT PROGRAM GRANT FUNDS IN THE EVENT
OF APPROVAL OF THE APPLICATION TO ENHANCE
RECREATIONAL BOATING OPPORTUNITIES AT VETERAN'S
PARK IN THE AMOUNT OF $100,000; PROVIDING FOR A 25%
MATCH IN LOCAL FUNDS IN THE AMOUNT OF $25,000 IN
THE EVENT OF APPROVAL OF THE APPLICATION;
PROVIDING FOR ACCEPTANCE OF THE AWARD AND
EXECUTION OF DOCUMENTS UPON APPROVAL;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to provide its
residents and visitors a higher level of service by enhancing and improving its outdoor
recreation facilities and environment; and
WHEREAS, the Broward Boating Improvement Program (BBIP) grant provides funds
to local governments to improve recreational boating facilities; and
WHEREAS, there is a need for a boat launching dock and lighting at Veteran's Park;
WHEREAS, the City agrees to maintain the boat launching dock and lighting which
are the subject of this grant agreement on an ongoing basis; and
WHEREAS, the granting agency requires and the City is willing to match the BBIP
grant program request of $100,000 with a 25% match in local funds in the amount of
$25,000 in the event of approval; and
Temp. Reso #12239 — August 15, 2012
Page 2
WHEREAS, it is a requirement of the grant program that this Resolution be adopted
and become an official part of the grant application; and
WHEREAS, the Director of Financial Services and Director of Parks and Recreation
recommend approval; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the best
interest of the citizens and residents of the City of Tamarac to submit an application to the
Broward County Marine Advisory Committee for BBIP grant funds to enhance recreational
boating opportunities at Veteran's Park.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
Section 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution. All exhibits
attached hereto and referenced herein are expressly incorporated and made a specific part
of this Resolution.
Section 2:
The appropriate City Officials are HEREBY authorized to submit a Broward
Boating Improvement Program (BBIP) grant program application in the amount of $100,000
to the Broward County Marine Advisory Committee, providing for the required 25% match of
$25,000 in local funds for the provision of a boat launching dock and lighting at Veteran's Park.
A copy of said application form is attached hereto as Exhibit A.
Section 3:
Upon approval of the application, the appropriate City officials are HEREBY
authorized to accept the award and execute the necessary documents following legal
review and approval.
Section 4:
An appropriation for the receipt and expenditure for this grant will be included
in a budget amendment prior to November 30, 2013 pursuant to F.S. 166.241(2).
Section 5:
Temp. Reso #12239 — August 15, 2012
Page 3
All Resolutions or parts of Resolutions in conflict herewith are HEREBY
repealed to the extent of such conflict.
Section 6: If any clause, section, or other part or application of this Resolution is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it
shall not affect the validity of the remaining portions or application of this Resolution.
Section 7: This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
PETER M. J. RI
CITY CLERK
ARDSON; CRM, CMC
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
i,, SAMUEL S. GOREN
t CITY ATTORNEY
day of , 2012.
B ETH TALAB I SCO
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO y
DIST 1: COMM. BUSHNELL ' « ,
DIST 2: COMM. GOMEZ £-
DIST 3: V/M GLASSER`
DIST 4: COMM. DRESSLER y
r
BROWARD BOATING IMPROVEMENT
PROGRAM
2013/2014
GRANT APPLICATION PACKAGE
BROWARD COUNTY
MARINE ADVISORY COMMITTEE
BROWARD COUNTY PARKS AND RECREATION
DIVISION
BROWARD COUNTY MARINE ADVISORY COMMITTEE
BROWARD BOATING IMPROVEMENT PROGRAM
FY 2013/2014 GRANT APPLICATION
(PLEASE TYPE)
For Office Use
Date & Time Received
APPLICANT INFORMATION
Applicant:
Project Title:
Project Liaison Agent:
Title:
Address:
Zip Code:
Telephone:
E-mail Address:
I hearby certify that the information provided in this application is true and accurate.
Signature:
Grant Amount Requested: $
Date:
PROJECT INFORMATION
Funds are Utilized as Match for: FRDAP
Site Control (Check One):
Acquiring
Leased
If Leased, Date of Expiration of Lease:
Amount of Cash Match: $
FIND LWCF Other
2
Owned
Once completed, will this project be insured? Explain:
Is this project a Phase I Grant:
Brief Project Description:
PROJECT DESCRIPTION
or a Phase II Grant:
Type and Estimated Cost of Proposed Development by Facility:
Project Quantity Estimated Applicant
Elements (Number and Cost
/or Footage)
Total
Total Acreage of Project Site:
3
BBIP
Cost
Total
Cost
PROJECT SCORING QUESTIONS
1. Provide information to show proposed or actual use for the project by recreational
boaters.
a) How is the public usage of this project clearly identified and quantified
b) Discuss the regional and local public benefits and access to be provided by the project.
c) Estimate the amount of total public use.
d) Can residents from other cities or visitors from other counties reasonably use the
project? Explain.
e) If this is a Phase I project, what will Phase II provide?
2. Describe availability of navigable recreational waterways, including the distances
North, East, South and West, with water depth at low tide and bridge clearances at
high tide.
a) Will dredging be required to make this project feasible? If so, how much and where is
the dredge disposal material going to be deposited?
Ll
3. State how previously awarded old Florida Boating Improvement Program (FBIP) or
Broward Boating Improvement Program (BBIP) funds have been effectively spent
by the applicant in the past.
a) Have any FBIP or BBIP funds been used for the existing devolvement of the proposed
project site? If yes, what were the funds used for, and when were they awarded?
4. List all available ancillary facilities at the
project
site such
as; restrooms, adequate
paved parking, drinking water, pump -out
stations,
laundry
facilities, etc.
a) What ancillary facilities is this project proposing?
5
5. List the number of similar boating facilities in the area and their distance from the
proposed project.
6. Describe
who the
intended users
of the proposed facility are, and the number of
users the
project is
anticipated to
generate.
C
7 . List all permits required to construct the project and the status of each permit.
a) If this is a Phase I project, how long do you anticipate the design, permitting and
engineering process to take?
a) Briefly explain the construction techniques to be utilized for this project.
b) How are the construction techniques utilized appropriate for the project site?
c) Identify any unusual construction techniques that may increase or decrease the costs of
the project, or extend the life of the project.
d) Describe current status of the project and present a reasonable and effective timeline
for the completion of the project.
e) Briefly explain any unique aspects of this project that could influence the project
timeline.
8. Describe public access/boating access to the proposed project.
a) What is the current level of public access in terms of the number of boat ramps, boat
slips and trailer parking spaces, linear feet of docks, restrooms (etc.)?
b) How many additional ramps, slips, parking spaces or other public access features will
be added by the completion of this project?
7
9. Explain user costs, if any, for the proposed project.
a) If there are fees charged for the use of this project, please list fee schedule.
b) How do these fees compare with fees from similar public &private facilities in the
area?
10. Describe the environmental and/or ecological benefits that the proposed project
would provide.
a) Does the project provide any unique beneficial aspects to the proposed design that
would enhance public usage or access, decrease environmental impacts, improve water
quality or reduce costs?
h:',wp',wpdocs"Abbip grant application 2009
8198, Revised K''O 1, 7/02, T''09, 7I10, 7/ 1 1
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UNTY
PARKS AND RECREATION DIVISION • Administrative Offices
950 N.W. 381h St. • Oakland Park, FL 33309-5982 •954-357-8100 • TTY 954-537-2844 • FAX 954-357-5991
Winner of the National Gold Medal Award for Excellence in Park and Recreation Management
Accredited by the Commission for Accreditation of Park and Recreation Agencies (CAPRA)
July 31, 2013
Michael Gresek, Grant Administrator
City of Tamarac
7527 NW 88th Avenue
Tamarac, F1. 33321
Re: Fiscal Year 2013/2014 Broward Boating Improvement Program,
Derelict V
Dear Mr. CAKek:
Removal Grant
Attached are three original Broward Boating Improvement Program (BBIP) Grant Agreements for the above
referenced project. All three originals should be signed expeditiously by the City Attorney, the Mayor and
witnessed. After execution by the Mayor, please return all three agreements as well as the reguired
verifications_ referenced in "Article 7" of the ate' reement to:
John R. Fiore, Associate Planner
Broward County Parks & Recreation Division
950 NW 3 8th Street
Oakland Park, F1. 33309
In order for the Agreements to be executed shortly after the final County Commission Budget Hearing on
September 24, 2013, the Agreements should be returned by September 10, 2013. Upon final execution, one
original of the fully executed Agreement will be returned to you for your files. If you have any questions, please
call me at 954-357-8133.
Associate Planner
C. Chair, Members, Broward County Marine Advisory Committee
Dan West, Director, Parks and Recreation Division
Carol Morgenstern, Manager, Planning & Development, Parks and Recreation Division
Attachment
Broward County Board of County Commissioners
Sue Gunzburger • Dale V.C. Holness • Kristin Jacobs • Martin David Kiar • Chip LeMarca • Stacy Ritter • Tim Ryan • Barbara Sharief • Lois Wexler
broward.org/parks 9 facebook.com/browardcountyparks • twitter.com/browardpaarks 9 youtube.com/browardcountyparks
AGREEMENT
Between
BROWARD COUNTY
and the
CITY OF TAMARAC
for
BROWARD BOATING IMPROVEMENT PROGRAM
GOVERNMENTAL ENTITY
FY 2013/2014
ARTICLE
1
2
3
4
5
6
7
8
9
10
EXECUTI
EXHIBIT
EXHIBIT B
EXHIBIT C
INDEX
DEFINITIONS AND IDENTIFICATIONS
SCOPE OF SERVICES
TERM AND TIME OF PERFORMANCE
COMPENSATION
CHANGES IN SCOPE OF SERVICE
INDEMNIFICATION
INSURANCES
TERMINATION
FINANCIAL STATEMENTS
MISCELLANEOUS
ON PAGES
PAGE
1
2
2
3
4
5
5
5
6
7
14715
16$ 17
18719
20
AGREEMENT
Between
BROWARD COUNTY
and the
CITY OF TAMARAC
for
BROWARD BOATING IMPROVEMENT PROGRAM
VETERANS MEMORIAL PARK BOAT DOCK GRANT
This Agreement, made and
entered
into by and
between BROWARD COUNTY, a
political
subdivision
of
the State
of
Florida,
hereinafter
referred
to as "COUNTY,"
The CITY OF TAMARAC, a municipal corporation existing within the state of Florida,
hereinafter referred to as "CONTRACTOR."
WHEREAS, the Broward County Marine Advisory Committee recommends
funding to assist the CONTRACTOR with approved expenses as defined in Section
328.72, Florida Statutes, and Section 328.76, Florida Statutes, as may be amended from
time to time; and
WHEREAS,
the Board
of County
Commissioners has determined that these
expenditures
serve
a COUNTY
and
public
purpose;
NOW,
THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and CONTRACTOR agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement - Agreement shall mean this document and other terms and conditions
which are included in the exhibits and documents that are expressly incorporated
by reference.
1.2 Board -The Broward County Board of County Commissioners.
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1.3 Contract Administrator - The Broward County Administrator, the Director of the
Broward County Parks & Recreation Division, or the designee of such County
Administrator or Director. The primary responsibilities of the Contract
Administrator are to coordinate and communicate with CONTRACTOR and to
manage and supervise execution and completion of the Scope of Services and the
terms and conditions of this Agreement as set forth herein. In the administration
of this Agreement, as contrasted with matters of policy, all parties may rely on the
instructions or determinations made by the Contract Administrator; provided,
however, that such instructions and determinations do not change the Scope of
Services of this Agreement.
1.4 County Administrator - The administrative head of COUNTY pursuant to Sections
3.02 and 3.03 of the Broward County Charter.
1.5 Coun!y Attorn - The chief legal counsel for COUNTY, who directs and
supervises the Office of County Attorney pursuant to Section 2.10 of the Broward
County Charter.
1.6 Project The Project consists of the services described in Article 2.
ARTICLE 2
SCOPE OF SERVICES
CONTRACTOR shall perform all services identified in this Agreement, its grant
application, as amended, and Exhibit "A." The parties agree that the Scope of
Services is a description of CONTRACTOR's obligations and responsibilities and
is deemed to include preliminary considerations and prerequisites, and all labor,
materials, equipment, and tasks, which are such an inseparable part of the work
described, that exclusion would render performance by CONTRACTOR
impractical, illogical, or unconscionable.
ARTICLE 3
TERM AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall begin on the date it is fully executed by both
parties and shall end four (4) years after Agreement is fully executed.
3.2 All duties, obligations, and responsibilities of CONTRACTOR required by this
Agreement shall be completed no later than four (4) years upon final execution of
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this Agreement. Time
shall be deemed to be
of
the
essence in performing the
duties, obligations
and
responsibilities
required
by
this
Agreement.
ARTICLE 4
COMPENSATION
4.1 COUNTY agrees to pay CONTRACTOR, in the manner specified in Section 4.3,
the total amount not to exceed One Hundred Thousand Dollars ($100,000.00) for
work actually performed and completed pursuant to this Agreement. It is
acknowledged and agreed by CONTRACTOR that this amount is the maximum
payable and constitutes a limitation upon COUNTY's obligation to compensate
CONTRACTOR for services and expenses related to this Agreement. This
maximum amount, however, does not constitute a limitation, of any sort, upon
CONTRACTOR's obligation to perform all items of work required by or which can
be reasonably inferred from the Scope of Services. CONTRACTOR agrees to
provide matching funds in the amount of Twenty -Five Thousand Dollars
($25,000.00), as specified in Exhibit A.
4.2 Contract Administrator is responsible for ensuring
performance,
of
the terms and
conditions of this Agreement and shall approve all
requests prior
to
payment.
4.3 METHOD OF BILLING AND PAYMENT
4.3.1 CONTRACTOR may submit an invoice for compensation after the project
for which the invoices are submitted has been completed. The final invoice
must be received no later than ninety (90) days after this Agreement
expires. Invoices shall designate the nature of the services performed
and/or the expenses incurred.
4.3.2 Documentation as required in Exhibit "A" must accompany any request for
reimbursement. Invoices shall be certified by the CONTRACTOR's
executive director or an authorized officer.
4.3.3 COUNTY shall pay CONTRACTOR within thirty (30) calendar days of
receipt of CONTRACTOR's proper invoice, as required by the "Broward
County Prompt Payment Ordinance" (Broward County Ordinance No.
89-49, as may be amended from time to time). To be deemed proper, all
invoices must comply with the requirements set forth in this Agreement and
must be submitted on the form and pursuant to instructions prescribed by
COUNTY. Payment may be withheld for failure of CONTRACTOR to
comply with a term, condition, or requirement of this Agreement.
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4.4 Notwithstanding any provision of this Agreement to the contrary, COUNTY may
withhold, in whole or in part, payment to the extent necessary to protect itself
from loss on account of inadequate or defective work which has not been
remedied or resolved in a manner satisfactory to Contract Administrator. The
amount withheld shall not be subject to payment of interest by COUNTY.
4.5 If it becomes necessary for the COUNTY to demand a refund of any or all funds
tendered pursuant to this Agreement, the CONTRACTOR agrees to return said
funds to the COUNTY within sixty (60) days after notification by the COUNTY. If
not returned within sixty (60) days, the CONTRACTOR understands and agrees
that any further CONTRACTOR requests for funding, as to this or any other
program under the COUNTY's administration, shall be denied until the funds
have been returned.
4.6 This Agreement strictly prohibits the expenditure of funds for the purpose of
lobbying the Legislature, the judicial branch, or a state agency.
4.7 Payment shall be made to CONTRACTOR at:
Michael Gresek, Grant Administrator
City of Tamarac
7525 NW 88th Avenue
Tamarac, FI. 33321
ARTICLE 5
CHANGES IN SCOPE OF SERVICES
5.1 Upon written request by the CONTRACTOR, the Contract Administrator may
approve changes in the categories of expenditures listed in Exhibit "A."
5.2 The Contract Administrator, based on input from the Marine Advisory Committee,
may approve changes to the Scope of Services, project description, and uni"f
services provided that the total grant awarded remains unchanged, the revisions
are consistent with the grant application and the grant guidelines, and the
revisions do not diminish the quantity or quality of service to be provided. Any
substantial changes in the Scope of Services shall be contained in a
written statement executed by the County Administrator and the
CONTRACTOR.
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ARTICLE 6
INDEMNIFICATION
Nothing herein is intended to serve as a waiver of sovereign immunity by any party
nor shall anything included herein be construed as consent to be sued by third
parties in any matter arising out of this Agreement or any other contract.
SECOND PARTY is a state agency or political subdivision as defined in Chapter
768.28, Florida Statutes, and agrees to be fully responsible for the acts and
omissions of its agents or employees to the extent permitted by law.
ARTICLE 7
INSURANCE
CONTRACTOR is a state agency as defined by Section 768.28, Florida Statutes,
as may be amended from time to time, and CONTRACTOR shall furnish Contract
Administrator with written verification of liability protection, in accordance with state
law prior to final execution of said Agreement.
ARTICLE 8
TERMINATION
8.1 This Agreement may be terminated for cause by the aggrieved party if the party in
breach has not corrected the breach within ten (10) days after written notice from
the aggrieved party identifying the breach. This Agreement may also be
terminated for convenience by the Board. Termination for convenience by the
Board shall be effective on the termination date stated in written notice provided by
COUNTY, which termination date shall be not less than thirty (30) days after the
date of such written notice. This Agreement may also be terminated by the
County Administrator upon such notice as the County Administrator deems
appropriate under the circumstances in the event the County Administrator
determines that termination is necessary to protect the public health or safety.
The parties agree that if COUNTY erroneously, improperly or unjustifiably
terminates for cause, such termination shall be deemed a termination for
convenience, which shall be effective thirty (30) days after such notice of
termination for cause is provided.
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IF
8.2 Notice of termination shall be provided in accordance with the "NOTICES" section
of this Agreement except that notice of termination by the County Administrator,
which the County Administrator deems necessary to protect the public health,
safety, or welfare may be verbal notice that shall be promptly confirmed in writing
in accordance with the "NOTICES" section of this Agreement.
8.3 In the event this Agreement is terminated for convenience, CONTRACTOR shall
be paid for any services properly performed under the Agreement through the
termination date specified in the written notice of termination. CONTRACTOR
agrees that CONTRACTOR shall not perform any additional work after notification
of the COUNTY terminating this Agreement for convenience. CONTRACTOR
acknowledges and agrees that it has received good, valuable and sufficient
consideration from COUNTY, the receipt and adequacy of which are, hereby
acknowledged by CONTRACTOR, for COUNTY's right to terminate this
Agreement for convenience.
8.4 The COUNTY shall have the right to terminate this Project Agreement and demand
refund of Program funds for noncompliance with the terms and conditions of the
Program. Failure to comply with these terms and conditions shall result in the
COUNTY declaring the CONTRACTOR ineligible for further participation in the
Program until such time as the CONTRACTOR complies therewith.
8.5 In the event this Agreement is terminated, any compensation payable by COUNTY
shall be withheld until all documents are provided to COUNTY pursuant to
Section 10.1 of Article 10.
ARTICLE 9
FINANCIAL STATEMENTS
9.1 GRANTEE hereby agrees to maintain books and records in accordance with
Generally Accepted Accounting Principles and properly reflect all expenditures of
funds provided by COUNTY under this Agreement.
9.2 GRANTEE agrees and understands that all funding authorized under this
Agreement shall be used only for eligible activities specifically outlined in this
Agreement. GRANTEE agrees to reimburse COUNTY any and all funds not used
in strict compliance with this Agreement.
9.3 Within thirty (30) days of receipt by GRANTEE of Single Audit Report, GRANTEE
shall provide to COUNTY on an annual basis the Single Audit Report prepared by
an independent certified public accountant showing that there are sufficient and
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Cl
acceptable internal controls over the administration of the GRANTEE's
grants. The Single Audit Report will encompass the controls over grants in
general without reference to any specific grant award.
9.4 Failure of GRANTEE to meet these financial reporting requirements shall result in
suspension of payment under this Agreement or any subsequent grant agreement
in effect, and disqualify GRANTEE from obtaining future grant awards until such
financial statements are received and accepted by COUNTY.
9.5 GRANTEE is required to, and hereby agrees to, account for any program income
related to Project financed in whole or part with Grant Program Funds.
9.6 CONTRACTOR acknowledges submission of financial statements to any other
Broward County office, agency, or division does not constitute compliance with
requirements to submit that material to Contract Administrator for this Agreement.
ARTICLE 10
MISCELLANEOUS
10.1 RIGHTS IN DOCUMENTS AND WORK
Any and all reports, photographs, surveys, and other data and documents
provided or created in connection with this Agreement are and shall remain the
property of COUNTY; and, if a copyright is claimed, CONTRACTOR grants to
COUNTY a non-exclusive license to use the copyrighted item(s) indefinitely, to
prepare derivative works, and to make and distribute copies to the public. In the
event of termination of this Agreement, any reports, photographs, surveys, and
other data and documents prepared by CONTRACTOR, whether finished or
unfinished, shall become the property of COUNTY and shall be delivered by
CONTRACTOR to the Contract Administrator within seven (7) days of termination
of this Agreement by either party. Any compensation due to CONTRACTOR shall
be withheld until all documents are received as provided herein.
10.2 AUDIT RIGHT AND RETENTION OF RECORDS
COUNTY shall have the right to audit the books, records, and accounts of
CONTRACTOR and its subcontractors that are related to this Project.
CONTRACTOR and its subcontractors shall keep such books, records, and
accounts as may be necessary in order to record complete and correct entries
related to the Project. All books, records, and accounts of CONTRACTOR and its
subcontractors shall be kept in written form, or in a form capable of conversion into
written form within a reasonable time, and upon request to do so, CONTRACTOR
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M
or its subcontractor, as applicable, shall make same available at no cost to
COUNTY in written form.
CONTRACTOR and its subcontractors shall preserve and make available, at
reasonable times for examination and audit by COUNTY, all financial records,
supporting documents, statistical records, and any other documents pertinent to
this Agreement for the required retention period of the Florida Public Records Act,
Chapter 119, Florida Statutes, as may be amended from time to time, if applicable,
or, if the Florida Public Records Act is not applicable, for a minimum period of three
(3) years after termination of this Agreement. If any audit has been initiated and
audit findings have not been resolved at the end of the retention period or three (3)
years, whichever is longer, the books, records, and accounts shall be retained until
resolution of the audit findings. If the Florida Public Records Act is determined by
COUNTY to be applicable to CONTRACTOR's and its subcontractors' records,
CONTRACTOR and its subcontractors shall comply with all requirements thereof;
however, no confidentiality or non -disclosure requirement of either federal or state
law shall be violated by CONTRACTOR or its subcontractors. Any incomplete or
incorrect entry in such books, records, and accounts shall be a basis for
COUNTY's disallowance and recovery of any payment upon such entry.
CONTRACTOR shall, by written contract, require its subcontractors to agree to the
requirements and obligations of this Section 10.2.
10.3 EEO COMPLIANCE
CONTRACTOR shall not unlawfully discriminate on the basis of race, color,
national origin, sex, religion, age, marital status, political affiliation, familial status,
disability, sexual orientation, pregnancy, or gender identity and expression in the
performance of this Agreement, the solicitation for or purchase of goods or
services relating to this Agreement, or in subcontracting work in the performance
of this Agreement and shall not otherwise unlawfully discriminate in violation of the
Broward County Code, Chapter 16Y2, as may be amended from time to time.
CONTRACTOR shall include the foregoing or similar language in its contracts with
any subcontractors or sub -consultants, except that any project assisted by the
U.S. Department of Transportation funds shall comply with the non-discrimination
requirements in 49 C.F.R. Parts 23 and 26, as amended. Failure to comply with
the foregoing requirements is a material breach of this Agreement, which may
result in the termination of this Agreement or such other remedy as COUNTY
deems appropriate.
CONTRACTOR shall not unlawfully discriminate against any person in its
operations and activities or in its use or expenditure of funds in fulfilling its
obligations under this Agreement. CONTRACTOR shall affirmatively comply with
all applicable provisions of the Americans with Disabilities Act (ADA) in the course
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of providing any services funded by COUNTY, including Titles I and II of the ADA
(regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, CONTRACTOR shall take
affirmative steps to ensure nondiscrimination in employment against disabled
persons.
By execution of this Agreement, CONTRACTOR represents that it has not been
placed on the discriminatory vendor list (as provided in Section 287.134, Florida
Statutes, as may be amended from time to time). COUNTY hereby materially
relies on such representation in entering into this Agreement. An untrue
representation of the foregoing shall entitle COUNTY to terminate this Agreement
and recover from CONTRACTOR all monies paid by COUNTY pursuant to this
Agreement, and may result in debarment from COUNTY's competitive
procurement activities.
10.4 INDEPENDENT CONTRACTOR
CONTRACTOR is an independent contractor under this Agreement. Services
provided by CONTRACTOR pursuant to this Agreement shall be subject to the
supervision of CONTRACTOR. In providing such services, neither
CONTRACTOR nor its agents shall act as officers, employees, or agents of
COUNTY. No partnership, joint venture, or other joint relationship is created
hereby. COUNTY does not extend to CONTRACTOR or CONTRACTOR's
agents any authority of any kind to bind COUNTY in any respect whatsoever.
10.5 PREVAILING WAGE REQUIREMENT
If construction work in excess of Two Hundred Fifty Thousand Dollars
($250,000.00) is required of, or undertaken by, CONTRACTOR as a result of this
Agreement, Broward County Ordinance No. 83-72, as may be amended from time
to time, shall be deemed to apply to such construction work; and further
CONTRACTOR shall fully comply with the requirements of such ordinance and
shall satisfy, comply with, and complete the requirements set forth in Exhibits B
and C.
10.6 THIRD PARTY BENEFICIARIES
Neither CONTRACTOR nor COUNTY intends to directly or substantially benefit a
third party by this Agreement. Therefore, the parties agree that there are no third
party beneficiaries to this Agreement and that no third party shall be entitled to
assert a claim against either of them based upon this Agreement.
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10.7 NOTICES
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand -delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified. The place for giving notice shall remain the same, as set
forth herein, until changed in writing in the manner provided in this section. For
the present, the parties designate the following:
FOR BROWARD COUNTY:
Dan West, Director
Broward Parks & Recreation Division
950 N . W.38th Street
Oakland Park, Florida 33309
(954) 357-8100
FOR CONTRACTOR:
Michael Gresek, Grant Administrator
City of Tamarac
7525 NW 88th Avenue
Tamarac, FI. 33321
(954) 579-3562
10.8 ASSIGNMENT AND PERFORMANCE
Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, CONTRACTOR shall not subcontract
any portion of the work required by this Agreement except as authorized by
Exhibit A.
C0NTRACTOFi-►represents that all persons delivering the services required by
this Agreement have the knowledge and skills, either by training, experience,
education, or a combination thereof, to adequately and competently perform the
duties, obligations, and services set forth in the Scope of Services and to provide
and perform such services to COUNTY's satisfaction for the agreed
compensation.
CONTRACTOR shall perform its duties, obligations, and services under this
Agreement in a skillful and respectable manner. The quality of CONTRACTOR's
performance and all interim and final product(s), provided to or on behalf of
CONTRACTOR, shall be comparable to the best local and national standards.
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10.9 CONFLICTS
Neither CONTRACTOR nor its employees shall have or hold any continuing or
frequently recurring employment or contractual relationship that is substantially
antagonistic or incompatible with CONTRACTOR's loyal and conscientious
exercise of judgment related to its performance under this Agreement.
CONTRACTOR agrees that none of its officers or employees shall, during the term
of this Agreement, serve as an expert witness against COUNTY in any legal or
administrative proceeding in which he or she is not a party, unless compelled by
court process, nor shall such persons give sworn testimony or issue a report or
writing, as an expression of his or her expert opinion, which is adverse or
prejudicial to the interests of COUNTY or in connection with any such pending or
threatened legal or administrative proceeding. The limitations of this section shall
not preclude CONTRACTOR or any other persons from representing themselves
in any action or in any administrative or legal proceeding.
In the event CONTRACTOR is permitted to utilize subcontractors to perform any
services required by this Agreement, CONTRACTOR agrees to prohibit such
subcontractors, by written contract, from having any conflicts within the meaning of
this section.
10.10 AMENDMENTS
Except for the provisions set forth in Article 5, no modification, amendment, or
alteration in the terms or conditions contained herein shall be effective unless
contained in a written document prepared with the same or similar formality as this
Agreement and executed by the Board and CONTRACTOR.
10.11 WAIVER OF BREACH AND MATERIALITY
COUNTY and CONTRACTOR agree that each requirement, duty, and obligation
set forth herein was bargained for at arms -length and is agreed to by the parties in
exchange for quid pro quo, that each is substantial and important to the formation
of this Agreement and that each is, therefore, a material term hereof.
COUNTY's failure to enforce any provision of this Agreement shall not be deemed
a waiver of such provision or modification of this Agreement. A waiver of any
breach of a provision of this Agreement shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms of
this Agreement.
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10.12 COMPLIANCE WITH LAWS
CONTRACTOR shall comply with all federal, state, local laws, codes, ordinances,
rules, and regulations in performing its duties, responsibilities, and obligations
related to this Agreement.
10.13 SEVERANCE
In the event this Agreement or a portion of this Agreement is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be
effective unless COUNTY or CONTRACTOR elects to terminate this Agreement.
The election to terminate this Agreement based upon this provision shall be made
within seven (7) days after the finding by the court becomes final.
10.14 JOINT PREPARATION
Each party and its counsel have participated fully in the review and revision of this
Agreement and acknowledge that the preparation of this Agreement has been
their joint effort. The language agreed to expresses their mutual intent and the
resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the parties than the other. The language
in this Agreement shall be interpreted as to its fair meaning and not strictly for or
against any party.
10.15 PRIORITY OF PROVISIONS
The applicable provisions of Sections 328.72, and 328.76, Florida Statutes, as
may be amended from time to time, and Section 9 1 /2-16 of the Broward County
Code, as may be amended from time to time, are hereby expressly incorporated
into this Agreement. In the event of a conflict or inconsistency between any term,
statement, requirement, or provision of any exhibit attached hereto, any document
or events referred to herein, or any document incorporated into this Agreement by
reference and a term, statement, requirement, or provision of this Agreement, the
term, statement, requirement, or provision contained in the Florida Statutes, and
Broward County Code, shall prevail and be given effect.
10.16 APPLICABLE LAW AND VENUE
This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the state of Florida. All parties agree and accept that
jurisdiction of any controversies or legal problems arising out of this Agreement,
and any action involving the enforcement or interpretation of any rights hereunder,
shall be exclusively in the state courts of the Seventeenth Judicial Circuit in
Broward County, Florida, and venue for litigation arising out of this Agreement
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shall be exclusively in such state courts, forsaking any other jurisdiction which
either party may claim by virtue of its residency or other jurisdictional device. BY
ENTERING INTO THIS AGREEMENT, CONTRACTOR AND COUNTY HEREBY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL
BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT,
10.17 PRIOR AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters
contained herein and the parties agree that there are no commitments,
agreements, or understandings concerning the subject matter of this Agreement
that are not contained in this document. Accordingly, the parties agree that no
deviation from the terms, hereof, shall be predicated upon any prior
representations or agreements, whether oral or written. It is further agreed that
no modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document in accordance with
Section 10.10 above.
10.18 INCORPORATION BY REFERENCE
The truth and accuracy of each "Whereas" clause set forth above is acknowledged
by the parties. The attached Exhibits are incorporated into and made a part of this
Agreement.
10.19 MULTIPLE ORIGINALS
Multiple copies of this Agreement may be fully executed by all parties, each of
which shall be deemed to be an original.
[THIS SPACE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature: BROWARD COUNTY through its BOARD OF
COUNTY COMMISSIONERS, signing by and through its County Administrator,
authorized to execute same by Resolution on the seventeenth day of April, 2001, and the
CITY OF TAMARAC, signing by and through its MAYOR, duly authorized to execute
same.
COUNTY
Witness
Witness
Approved as to Insurance
Requirements
By:
Risk Management Division
DEJ/bjl
5/13/11
DEJ2011 MAC BBIP Govt FY2010 2011
File: 11-115.04
14
BBIP-Govt
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By:
Bertha Henry
County Administrator
day of
, 2013.
Approved as to form by
Office of County Attorney
Broward County, Florida
Joni Armstrong Coffey, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
By:
Daphne Jones
Assistant County Attorney
AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR
THE BROWARD BOATING IMPROVEMENT PROGRAM GRANT
WITNESSES:
ATTEST:
City Clerk
BBI P-Govt
5/18/11
CONTRACTOR
TAMARAC
(Signature)
� (Print Name and Title)
day of "%.45;--A 2013.
0
Reviewed and approved as to form by
15
CiNAtto
day of AV% , 2013.
EXHIBIT "A"
Project title: Veterans Memorial Park Boat Dock Project
I. Scope of project:
Construct
a 1,000 sq.ft.
floating boat dock adjacent to the
existing boat ramp,
and install
safety lighting
at the boat ramp.
A. CONTRACTOR agrees to complete the project known as the Veterans
Memorial Park Boat Dock Project, in accordance with plans approved by
the Broward County Marine Advisory Committee before construction
begins, and plans and specification prepared by, or under the supervision
and review of, a registered professional architect, engineer, or other
appropriate professional. These elements are identified in the project
application which is made a part of this Agreement by reference.
B. CONTRACTOR is responsible for obtaining all state, federal, and local
permits, licenses, agreements, leases, easements, etc., required for the
project.
C. CONTRACTOR agrees that the project, when completed, shall be
dedicated for public recreational uses. The dedication shall extend for a
minimum of twenty-five (25) years and shall be recorded in the public
property records. CONTRACTOR further agrees to return to the COUNTY
funds tendered for the project in the event the project becomes utilized for
other than the purposes of the project during this period.
D. The CONTRACTOR shall erect a permanent sign identifying the program
and the COUNTY as a funding source of project construction.
III. Required documentation of services rendered:
A. Contract Administrator is responsible for ensuring performance of its terms
and conditions and shall approve all payment requests prior to payment.
The CONTRACTOR shall submit to the COUNTY signed quarterly project
status reports on a calendar basis summarizing work accomplished,
problems encountered, percentage of completion, and other appropriate
information. Photographs shall be submitted when appropriate to reflect
work accomplished.
B. Upon project completion, the engineer, architect, or other appropriate
professional shall sign a statement certifying satisfactory completion of the
project in accordance with the prepared plans and specifications.
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IV. Matching Funds
A. Pursuant to Section 4.1 of this Agreement, CONTRACTOR agrees to
provide matching funds in the amount of $25,000.00.
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a
EXHIBIT "B"
Prevailing Wage Rates:: On November 17, 1983, the Broward County Board of County
Commissioners enacted Ordinance No. 83-72 providing that, in all non -federally funded
construction procurement activity of Two Hundred Fifty Thousand Dollars ($250,000.00)
or more, the rate of wages and fringe benefit payments for all laborers, mechanics, and
apprentices shall not be less than those payments for similar skills in classifications of
work in like industries as determined by the Secretary of Labor and as published in the
Federal Register (latest revision).
1. Prevailing Wage Rate Ordinance. This Project is not federally funded. If
the construction cost is in excess of Two Hundred Fifty Thousand Dollars
($250,000.00), the following sections shall apply:
BBIP-Gout
5/18/11
a) The rate of wages and fringe benefit payments for all laborers,
mechanics, and apprentices shall not be less than those payments
for similar skills in classifications of work in a like construction
industry as determined by the Secretary of Labor and as published in
the Federal Register (latest revision).
b) All mechanics, laborers, and apprentices, employed or working
directly upon the site of the work shall be paid in accordance with the
above -referenced wage rates. CONTRACTOR shall post notice of
these provisions at the site of the work in a prominent place where it
can be easily seen by the workers.
c) If the parties cannot agree on the proper classification of a particular
class of laborers or mechanics or apprentices to be used, the
Contract Administrator shall submit the question, together with its
recommendation, to the County Administrator for final determination.
d) In the event it is found by the Contract Administrator that any laborer
or mechanic or apprentice employed by CONTRACTOR, or any
Subcontractor directly on the site of the work has been or is being
paid at a rate of wages less than the rate of wages required by the
ordinance, the Contract Administrator may: (1) by written notice to
CONTRACTOR terminate its right to proceed with the work or such
part of work for which there has been a failure to pay said required
wages; and (2) prosecute the work or portion thereof to completion
by contract or otherwise. Whereupon, CONTRACTOR and its
sureties shall be liable to COUNTY for any excess costs occasioned
to COUNTY thereby.
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e) Sections 1.a) through 1.d) above shall apply to this Agreement to the
extent that it is: (1) a prime Agreement subject to the ordinance; or
(2) a subcontract also subject to the ordinance under such prime
Agreement.
f) CONTRACTOR shall maintain payrolls and basic records relating
thereto during the course of the work and shall preserve such for a
period of three (3) years thereafter for all laborers, mechanics, and
apprentices working at the site of the work. Such records shall
contain the name and address of each such employee; its current
classification; rate of pay (including rates of contributions for, or costs
assumed to provide, fringe benefits); daily and weekly number of
hours worked; deductions made; and actual wages paid.
g) CONTRACTOR shall submit, with each requisition for payment, a
signed and sworn "Statement of Compliance" attesting to
compliance with Broward County Ordinance No. 83-72. The
Statement shall be in the form attached as Exhibit "C."
h) The Contract Administrator may withhold or cause to be withheld
from CONTRACTOR so much of the payments requisitioned as may
be considered necessary to pay laborers and mechanics, including
apprentices, trainees, watchpersons, and guards employed by
CONTRACTOR or any subcontractor on the work, the full amount of
wages req u i red by this Agreement.
i) If CONTRACTOR or any subcontractor fails to pay any laborer,
mechanic, or apprentice employed or working on the site of the work
all or part of the wages required by this Agreement, the Contract
Administrator may, after written notice to CONTRACTOR, take such
action as may be necessary to cause suspension of any further
payments or advances until such violations have ceased.
19
It
W
EXHIBIT "C"
STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 83-721
No.
Contract No. Project Title
The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by
the application for payment to which this statement is attached, all mechanics, laborers, and apprentices,
employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of
payments, contributions, or costs for fringe benefits have not been less than those required by Broward
County Ordinance No. 83-72 and the applicable conditions of this Agreement.
Dated
a
a
STATE OF )
SS.
COUNTY OF )
CONTRACTOR
(Signature)
(Name and Title)
The foregoing instrument was acknowledged before me this day
2013, by who is personally known to me or
as identification and who did/did not take an oath.
of
who has produced
WITNESS my hand and official seal, this day of , 2013.
(NOTARY SEAL)
(Signature of person taking acknowledgment)
My commission expires:
BBIP-Gout
5/18/11
(Name of officer taking acknowledgment)
typed, printed or stamped
(Title or rank)
(Serial number, if any)
20
B RD
COUNTY
PARKS AND RECREATION DIVISION • Administrative Offices
950 N.W. 3e St. • Oakland Park, FL 33309-5982.954-357-8100 • TTY 954-537-2844 9 FAX 954-357-5991
Winner of the National Gold Medal Award for Excellence in Park and Recreation Management
Accredited by the Commission for Accreditation of Park and Recreation Agencies (CAPRA)
January 29, 2014
Michael Gresek, Grants Administrator
City of Tamarac
7525 NW 88" Avenue
Tamarac, F1.33321
Re: Broward Boating Improvement Program (BBIP)
Executed Agreement for Tamarac, Veterans Memorial Park Boat Dock Grant Project
f;L
Dear Mr. GgK:
Attached is one original Agreement for the above referenced for your files. Please note that the project
completion date is January 28. 2018. This is your official "Notice to Proceed" with the project. The
required "Close -Out Documentation" forms, and the BBIP Rules are attached.
Please ensure that the provisions of the BBIP Grant Agreement, and BBIP Rules are adhered to during the
course of the project. This will enable the processing of the Project Close -Out Documents to be handled
as expeditiously as possible. In addition, January 5, April 5,
July 5 and October 5 to this office. Failure to provide quarterly reports could jeopardize future BBIP
funding.
If you have any questions, or need any assistance during the course of the project, please call me at (954)
357-8133.
Sincerely,
T'ohAYR'. Fibre
Associate Planner
attachments
c. Chair, Members, Broward County Marine Advisory Committee
Dan West, Director, Parks and Recreation Division
Carol Morgenstern, Manager, Planning and Development Group, Parks and Recreation Division
Broward County Board of County Commissioners
Sue Gunzburger • Dale V.C. Holness 9 Kristin Jacobs • Martin David Kiar * Chip LaMarca s Stacy Ritter * Tim Ryan • Barbara Sharief • Lois Wexler
broward.org/parks • facebook.com/browardcountyparks 9 twitter. conArowardparks - youtube.com/browardcountyparks
6
BROWARD COUNTY
MARINE ADVISORY COMMITTEE
BROWARD BOATING IMPROVEMENT PROGRAM RULES
The purpose of the Broward Boating Improvement Program (BBIP) is to implement provisions
of Florida Statute 328.72(15) which provides that a portion of the funds received from boat
license fees and retained by County governments to provide recreational channel marking and
other uniform waterway markers, public boat ramps, lifts, and hoists, marine railways, and other
public launching facilities, derelict vessel removal, and removal of vessels and floating structures
deemed a hazard to public safety and health for failure to comply with Florida Statute 327.53.
DEFINITIONS:
APPLICATION -means the formal request for financial assistance consisting of a complete
proposal with required supporting documentation submitted to Broward County.
APPLICANT - means the municipality, government agency, or organization which is
responsible for the submission of an application.
COMMITTEE - means the Broward County Marine Advisory Committee.
COUNTY - means the Broward County Board of County Commissioners.
DIVISION -means the Broward County Parks and Recreation Division.
FUND - means the Broward Boating Improvement Program.
GRANT - means funds authorized by the State of Florida Department of Environmental
Protection for Broward County to use for the Broward Boating Improvement Program project.
LIAISON -means the officially designated representative of the Broward County Parks and
Recreation Division authorized to act on behalf of the Marine Advisory Committee on all matters
related to participation in the program.
POWERBOAT - means any registered vessel used for recreational purposes which is propelled
or powered by machinery and which is used or capable of being used as a means of
transportation on water.
PROGRAM -means the Broward Boating Improvement Program (BBIP).
PROJECT - means a planned undertaking consisting of eligible Program facilities,
improvements or expenses for the public use and benefit of the general recreational boating
public.
PROJECT AGREEMENT - means an executed contract between the County and the project
applicant setting forth mutual obligations regarding a grant project.
STATE - means the State of Florida.
POLICY:
1. Financial assistance in the form of grants from the Fund shall be made available to
Broward County Municipalities, and government agency or organization deemed eligible
by the Committee for the purpose of providing recreational Channel marking and public
launching facilities and other public boating -related facilities as permitted by State
Statute.
2. Contingent upon the State of Florida permitting vessel fees to be retained by the County,
the Division shall send out "Requests for Proposals" to each Broward Municipality. The
allocation is based on the number of non-commercial vessels registered in Broward
County during the preceding County Fiscal Year (October 1 to September 30).
3. Projects shall be approved by the Committee and recommended to the County
Commission for funding in accordance with these rules.
4. The County and Municipality, non -county government agency or organization shall enter
into a Project Agreement prior to the release of Program funds.
5. Unless otherwise specified in the Project Agreement, a project may not commence until
the Project Agreement is fully executed by all parties.
6. Program funds may be used as the local cash matching requirement from the Florida
Recreation Development Assistance Program, the Florida Inland Navigation District
Waterway Assistance Program, Florida Boating Improvement Program or any other
eligible grant programs.
7. The site of a proposed land -based development project shall be dedicated for public
recreational use. If owned, the project site must be dedicated in perpetuity. The
dedication shall extend for a minimum period of 25 years after project completion if
control of the site is by lease, permit, management agreement or other similar instrument.
The dedication shall be recorded in the public property records.
8. The location of any vessel launching facility and access to the water body it serves shall
not pose a threat to other boating or recreational activities on the water body it serves.
2
APPLICATION REQUIREMENTS
1. The Broward Boating Improvement Program Application Form is hearby incorporated by
reference and is available from the Division at 950 N.W. 3 8th Street, Oakland Park,
Florida 3 3 3 09. One (1) original and nineteen (19) copies of the Grant Application request
for funding will be submitted during the application submission period stated in the
Request For Proposal. Included with the application should be an official resolution by
the applicant governing body, submission letter, location map, boundary map site plan,
and proof of site control if project site is leased. Emergency requests for funding may be
submitted at any time on an official BBIP Application by a municipality or government
agency and will be reviewed at the next scheduled Committee meeting. All applications
will be reviewed for eligibility and completeness by the liaison. The applicant will be
notified if the application is ineligible or is not complete, and will be allowed to correct
all deficiencies before recommendations are made to the County Commission.
Emergency BBIP applications will be reviewed for the validity of the emergency. All
applications will be reviewed, scored, and ranked by the MAC. Funding of BBIP
Applications will be determined by the availability of BBIP funds.
2. A Municipality shall approve the submission of an application by official resolution. A
copy of that resolution shall be submitted with the application. All other applicants shall
submit a letter with the application authorizing the submission of the application.
3. Once the County has approved a project, the County and municipality, non -county
government agency, or organization shall enter into a Project Agreement which sets forth
the responsibilities and duties of each party regarding the project administration. Special
terms and conditions shall be incorporated into the Project Agreement as particular
circumstances dictate. County agencies will enter into an inter -divisional letter of
understanding.
4. The County may reject applications from Municipalities, and all government agencies
and organizations which have not met their obligations under the terms of previous
Project Agreements.
PROJECT ELIGIBILITY
1. Monies from the Fund shall be used for projects aimed at improving recreational boating
for the public. Any project developed with assistance from this Program shall be for the
use and benefit of the general public.
2. Program funds may be used for projects such as:
a. Construction, expansion, renovation, or installation of the following for public use on
land and waters:
3
(1) Recreational powerboat boat ramps, lifts and hoists, marine railways and
other public launching facilities
(2) Recreational channel marking and other uniform waterway markers.
(3) Public docking and mooring facilities for recreational powerboats.
(4) Access roads and parking for recreational powerboat public launching
facilities.
(5) Dredging which is ancillary to a project which provides access to a
publicly owned or maintained marine facility
(6) Recreational boating related support facilities and utilities such as
restrooms, lighting, water, sewer, and electrical that are part of a
recreational powerboat public launching facility.
(7) Bulkheads, rip -rap, and seawall construction relative to the construction of
a recreational powerboat public launching facility.
(8) Derelict vessel removal, and the removal of vessels and floating structures,
deemed a hazard to public safety and health for failure to comply with
Florida Statute 327.53.
(9) Design and engineering costs, and permit fees are permitted to be
submitted as a Phase I project the maximum amount to be funded is fifty
(50%). Phase II provides for the construction of the project that is
designed, engineered and permitted in Phase I. The County will reimburse
Phase I design, engineering and permitting costs only upon successful
completion of Phase II construction.
3. Project costs which are eligible for funding include only those necessary for the
construction and completion of an eligible project.
4. Project construction expenses that are eligible for funding include payments to
construction contractors, vendors for purchase of materials, rental of equipment or lump
sum labor contracts.
5. Ineligible expenses include project administration, land acquisition, signage, landscaping
and irrigation, maintenance renovation of previously funded Florida Boating
Improvement or BBIP projects, tools, equipment, boats, boat motors, office equipment,
and materials not used exclusively for the project.
6. Eligible expenses include the maximum of fifty percent (50%) of project design and
engineering costs and permit fees.
0
.
PROJECT DESIGN CRITERIA
1. All projects shall be designed in accordance with standard engineering practices, and
implemented in compliance with state and local building codes and applicable laws.
2. All local, State and Federal permits, leases, easements, management agreements, or other
similar required authorizations for the project shall be obtained prior to the
commencement of project construction.
3. The Committee shall review and approve all final site plans or construction plans before
the commencement of project construction. Construction commencement before plan
approval by the Committee will result in non -reimbursement of the project.
GRANT CONDITIONS
1. Facilities
funded in whole or in
part by Program Funds shall be administered and made
available
to the general
public
on a non-exclusive basis without regard to race, age,
religion,
color, gender,
sexual
orientation (Broward County Code, Chapter 16 1 /2),
national
origin, marital
status,
physical or mental disability, political affiliation, the
political
jurisdiction in
which a person resides, or any other factor which cannot be
lawfully or appropriately
used as
a basis for service delivery.
2. The applicant shall not unlawfully discriminate against any person in its operations and
activity, in its use or expenditure of Program Funds and shall affirmatively comply with
all applicable provisions of the Americans With Disabilities Act (ADA) in the course of
providing any facility funded in whole or in part by the County, including Titles I and II
of the ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines and standards.
3. The Municipality, agency or organization must submit to the Division a Project
IR
Completion Certificate upon completion of the project, with the Division required close-
out documents for reimbursement, available from the Division at 950 NW 3 8"' Street,
Oakland Park, Florida 33309.
4. The Applicant shall be responsible to the County for insuring the satisfactory operation
and maintenance of sites and facilities funded under this Program for a minimum of 25
years from the date of project completion.
5. Proposed changes to the Project Agreement (i.e., scope of the project, project period, or
grant amount) must be submitted to the Division in writing at least six months in advance
of the project construction completion date by the Applicant, accompanied by a statement
of justification for the proposed changes. Proposed changes will be submitted to the
Committee by the Division, at the Committee's next scheduled meeting, for their review
and recommendation to the County. Agreed changes shall be evidenced by a formal
Amendment to the Project Agreement, or a new agreement. Minor changes in the scope
of the project shall be submitted to the Division in writing. The minor change will be
5
a
V
reviewed by the liaison and submitted to the Committee at their next scheduled meeting
for their approval. If a project is constructed and is not consistent with the scope of the
project listed in the Project Agreement and the construction plans approved by the
Committee, the County shall withhold reimbursement until all items listed in the scope of
the project and approved plans are completed.
6. The County shall have the right to terminate. a Project Agreement or demand refund of
Program Funds for non-compliance with the terms of the Project Agreement or these
rules. Failure of an Applicant to comply with the provisions of a Project Agreement or
the rules shall result in the County declaring the Applicant ineligible for further
participation the Program until such time as the Applicant completes the terms of the
Project Agreement or Rules.
7. The Applicant shall be responsible for the erection and maintenance of a permanent BBIP
acknowledgment sign or plaque at the project site for the life of the project. Appropriate
wordage for the sign or plaque is included in the close-out documents.
ACCOUNTABILITY
The following procedures shall govern the accountability of Program grant funds:
1. Each applicant is responsible for maintaining an accounting system which meets
generally accepted accounting principals and for maintaining such financial records for a
period of seven years, as necessary to properly account for all Program funds.
2. All required close-out documents, available from the Division at 950 NW 38th Street,
Oakland Park, Florida 33309, shall be submitted to the Division prior to reimbursement
of Funds.
3. All project Funds are reimbursable only upon full completion of the project.
4. The Liaison or County personnel may inspect completed projects and audit project
financial records.
5. If found by any State, County or independent audit that Project Funds have not been used
in accordance with the Project Agreement, Rules, or applicable laws, the Applicant shall
be responsible for repayment of misused funds with interest from the date the funds were
allocated to the Applicant using the Consumer Price Index for all Urban Consumers for
Miami/Fort Lauderdale to the County for deposit in the Fund, and may result in the
County declaring the Applicant ineligible for further participation the Program.
H:\wP\DOCS\BBIP RULES 2010.wpd
Prepared by:John R. Fiore, Liaison, MAC, August 18, 1998. Revised: Dec. 4, 1998, Oct. 28, 2002, May 14, 2003,
July 24, 2006, July 24, 2007, Dec. 30, 2008 July 22, 2009, July 13, 2010
0
BROWARD COUNTY
BR 0 WARD BOATING IMPROVEMENT PROGRAM
REQUIRED CLOSE,,OUTDOCUMENTATION
Grantee:
Project Name:
Project Completion Certification
As -Built Site Plan
List of Constructed Project Facilities and Improvements
Map & Driving Instructions to Project Site
Color Photographs of Project and Identification Sign
Payment Request Form
Billing Schedules
Proof of Dedication in Public Records
Project Administrator Date
BROWARD COUNTY
BR 0 WARD BOATING IMPROVEMENT PROGRAM
PROJECT COMPLETION CERTIFICATION
Grantee:
Project Name:
I hereby certify that the above referenced proj ect has been completed in accordance with the
Broward Boating Improvement Program Grant Agreement between the Broward County Board of
County Commissioners and
dated the 520 that all funds allocated for the project
were expended pursuant to the Grant Agreement; that all goods and services for accomplishment
of the project were negotiated and procured in accordance with all Florida and local laws, and
funding program requirements; that all approved project construction was completed on
20 which was on or prior to the project completion date
specified in the Grant Agreement; and that the project was completed in accordance with the final
project plans (site, architectural, engineering) prepared for the project.
Signed:
(Project Administrator)
Date:
This project was completed in accordance with the final project plans (site, architectural,
engineering) prepared for the project.
Signed:
(Project Architect or Engineer)
Date:
H:\WPDOCS\BBIP CLOSEOUT COMPLETION CERTIFICATION. DOCX
7/99, 8/ 11
BROWARD COUNTY
BR 0 WA RD BOATING IMPROVEMENT PROGRAM
ACTUAL COST CONTRACT PAYMENT REQUEST
Project Name:
Grantee:
Date:
Contractual Services
Salaries and Wages
Employee Benefits (30 % of Salaries)
Materials and Supplies: Direct Purchases
Equipment Rental
TOTAL PROJECT COSTS
Cumulative Project Costs
8
�0
CERTIFICATION:
I hereby certify that the above expenses were incurred for the work identified in the previously
submitted Project Status Reports and the executed Grant Agreement.
Project Administrator
Date
CERTIFICATION:
I hereby certify that the documentation has been maintained as required to support the project
expenses as reported above and is available for audit by Broward County upon request.
Project Financial Officer
Date
HAWORMBBIP Payment Request Forms 8/17/10
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BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS
STANDARD LANGUAGE FOR PROPERTY RECORDS
BROWARD BOATING IMPROVEMENT PROGRAMS
Notice of Limitation of Use/Site Dedication
The property identified in the attached project agreement and boundary map has been developed
by the project applicant with financial assistance provided by the Broward County Board of
County Commissioners. Land owned and then developed by the project applicant with grant
assistance from the Broward Boating Improvement Program (BBIP) shall be dedicated in
perpetuity as an outdoor recreation area for the use and benefit of the general public. Leased land
developed by the project applicant with grant assistance from the BBIP shall be dedicated as an
outdoor recreation area for the general public for a minimum of twenty-five (25) years after
completion of the development. Broward County will require the return of BBIP grant funds
disbursed to the Project Applicant. BBIP grant funds shall be refunded to Broward County with
interest, calculated at two (2) percent above the prevailing prime rate as reported by the Federal
Reserve, if the BBIP project identified in the project agreement is removed, demolished or closed
to the public by the project applicant within 25 years of project completion.
I certify that a copy or copies of the of the
Notice of Limitation of Use/Site Dedication
form, project agreement and project
boundary map have been filed in the County
Courthouse with the deed to the property on
which the following grant project is located:
BBIP Proj ect Name
Signature of Liaison Agent
Typed Name and Title
Date
fMORD/BBIP Closeout Documents/Notice of Limitation of use -Site Dedication
8/17/10, Revised 3/29/11, 4/12/12
AGREEMENT
Between
BROWARD COUNTY
and the
CITY OF TAMARAC
for
BROWARD BOATING IMPROVEMENT PROGRAM
GOVERNMENTAL ENTITY
FY 2013/2014
U
t
ARTICLE
1
2
3
4
5
6
7
8
9
10
INDEX
DEFINITIONS AND IDENTIFICATIONS
SCOPE OF SERVICES
TERM AND TIME OF PERFORMANCE
COMPENSATION
CHANGES IN SCOPE OF SERVICE
INDEMNIFICATION
INSURANCES
TERMINATION
FINANCIAL STATEMENTS
MISCELLANEOUS
EXECUTION PAGES
EXHIBIT
EXHIBIT B
EXHIBIT
PAGE
1
2
2
3
4
5
5
5
6
7
14, 15
16117
18,19
20
AGREEMENT
Between
BROWARD COUNTY
and the
CITY OF TAMARAC
for
BROWARD BOATING IMPROVEMENT PROGRAM
VETERANS MEMORIAL PARK BOAT DOCK GRANT
This Agreement, made and
entered
into by and
between BROWARD COUNTY, a
political
subdivision
of
the State
of
Florida,
hereinafter
referred
to as "COUNTY,"
and
The CITY OF TAMARAC, a municipal corporation existing within the state of Florida,
hereinafter referred to as "CONTRACTOR."
WHEREAS, the Broward County Marine Advisory Committee recommends
funding to assist the CONTRACTOR with approved expenses as defined in Section
328.72, Florida Statutes, and Section 328.76, Florida Statutes, as may be amended from
time to time; and
WHEREAS,
the Board
of County
Commissioners has determined that these
expenditures
serve
a COUNTY
and
public
purpose;
NOW,
THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and CONTRACTOR agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement - Agreement shall mean this document and other terms and conditions
which are included in the exhibits and documents that are expressly incorporated
by reference.
1.2 Board -The Broward County Board of County Commissioners.
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1.3 Contract Administrator - The Broward County Administrator, the Director of the
Broward County Parks & Recreation Division, or the designee of such County
Administrator or Director. The primary responsibilities of the Contract
Administrator are to coordinate and communicate with CONTRACTOR and to
manage and supervise execution and completion of the Scope of Services and the
terms and conditions of this Agreement as set forth herein. In the administration
of this Agreement, as contrasted with matters of policy, all parties may rely on the
instructions or determinations made by the Contract Administrator; provided,
however, that such instructions and determinations do not change the Scope of
Services of this Agreement.
1.4 County Administrator - The administrative head of COUNTY pursuant to Sections
3.02 and 3.03 of the Broward County Charter.
1.5 County Attorney - The chief legal counsel for COUNTY, who directs and
supervises the Office of County Attorney pursuant to Section 2.10 of the Broward
County Charter.
1.6 Project The Project consists of the services described in Article 2.
ARTICLE 2
SCOPE OF SERVICES
CONTRACTOR shall perform all services identified in this Agreement, its grant
application, as amended, and Exhibit "A." The parties agree that the Scope of
Services is a description of CONTRACTOR's obligations and responsibilities and
is deemed to include preliminary considerations and prerequisites, and all labor,
materials, equipment, and tasks, which are such an inseparable part of the work
described, that exclusion would render performance by CONTRACTOR
impractical, illogical, or unconscionable.
ARTICLE 3
TERM AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall begin on the date it is fully executed by both
parties and shall end four (4) years after Agreement is fully executed.
3.2 All duties, obligations, and responsibilities of CONTRACTOR required by this
Agreement shall be completed no later than four (4) years upon final execution of
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this Agreement. Time
shall be deemed to be
of
the
essence in performing the
duties, obligations and
responsibilities
required
by
this
Agreement.
ARTICLE 4
COMPENSATION
4.1 COUNTY agrees to pay CONTRACTOR, in the manner specified in Section 4.3,
the total amount not to exceed One Hundred Thousand Dollars ($100,000.00) for
work actually performed and completed pursuant to this Agreement. It is
acknowledged and agreed by CONTRACTOR that this amount is the maximum
payable and constitutes a limitation upon COUNTY's obligation to compensate
CONTRACTOR for services and expenses related to this Agreement. This
maximum amount, however, does not constitute a limitation, of any sort, upon
CONTRACTOR's obligation to perform all items of work required by or which can
be reasonably inferred from the Scope of Services. CONTRACTOR agrees to
provide matching funds in the amount of Twenty -Five Thousand Dollars
($25,000.00), as specified in Exhibit A.
4.2 Contract Administrator is responsible for ensuring
performance
of
the terms and
conditions of this Agreement and shall approve all
requests prior
to
payment.
4.3 METHOD OF BILLING AND PAYMENT
4.3.1 CONTRACTOR may submit an invoice for compensation after the project
for which the invoices are submitted has been completed. The final invoice
must be received no later than ninety (90) days after this Agreement
expires. Invoices shall designate the nature of the services performed
and/or the expenses incurred.
4.3.2 Documentation as required in Exhibit "A" must accompany any request for
reimbursement. Invoices shall be certified by the CONTRACTOR's
executive director or an authorized officer.
4.3.3 COUNTY shall pay CONTRACTOR within thirty (30) calendar days of
receipt of CONTRACTOR's proper invoice, as required by the "Broward
County Prompt Payment Ordinance" (Broward County Ordinance No.
89-49, as may be amended from time to time). To be deemed proper, all
invoices must comply with the requirements set forth in this Agreement and
must be submitted on the form and pursuant to instructions prescribed by
COUNTY. Payment may be withheld for failure of CONTRACTOR to
comply with a term, condition, or requirement of this Agreement.
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BBI P-Govt
5/18/11
4.4 Notwithstanding any provision of this Agreement to the contrary, COUNTY may
withhold, in whole or in part, payment to the extent necessary to protect itself
from loss on account of inadequate or defective work which has not been
remedied or resolved in a manner satisfactory to Contract Administrator. The
amount withheld shall not be subject to payment of interest by COUNTY.
4.5 If it becomes necessary for the COUNTY to demand a refund of any or all funds
tendered pursuant to this Agreement, the CONTRACTOR agrees to return said
funds to the COUNTY within sixty (60) days after notification by the COUNTY. If
not returned within sixty (60) days, the CONTRACTOR understands and agrees
that any further CONTRACTOR requests for funding, as to this or any other
program under the COUNTY's administration, shall be denied until the funds
have been returned.
4.6 This Agreement strictly prohibits the expenditure of funds for the purpose of
lobbying the Legislature, the judicial branch, or a state agency.
4.7 Payment shall be made to CONTRACTOR at:
Michael Gresek, Grant Administrator
City of Tamarac
7525 NW 88th Avenue
Tamarac, FI. 33321
ARTICLE 5
CHANGES IN SCOPE OF SERVICES
5.1 Upon written request by the CONTRACTOR, the Contract Administrator may
approve changes in the categories of expenditures listed in Exhibit "A."
5.2 The Contract Administrator, based on input from the Marine Advisory Committee,
may approve changes to the Scope of Services, project description, and uni"f
services provided that the total grant awarded remains unchanged, the revisions
are consistent with the grant application and the grant guidelines, and the
revisions do not diminish the quantity or quality of service to be provided. Any
substantial changes in the Scope of Services shall be contained in a
written statement executed by the County Administrator and the
CONTRACTOR.
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ARTICLE 6
INDEMNIFICATION
Nothing herein is intended to serve as a waiver of sovereign immunity by any party
nor shall anything included herein be construed as consent to be sued by third
parties in any matter arising out of this Agreement or any other contract.
SECOND PARTY is a state agency or political subdivision as defined in Chapter
768.28, Florida Statutes, and agrees to be fully responsible for the acts and
omissions of its agents or employees to the extent permitted by law.
ARTICLE 7
INSURANCE
CONTRACTOR is a state agency as defined by Section 768.28, Florida Statutes,
as may be amended from time to time, and CONTRACTOR shall furnish Contract
Administrator with written verification of liability protection, in accordance with state
law prior to final execution of said Agreement.
ARTICLE 8
TERMINATION
8.1 This Agreement may be terminated for cause by the aggrieved party if the party in
breach has not corrected the breach within ten (10) days after written notice from
the aggrieved party identifying the breach. This Agreement may also be
terminated for convenience by the Board. Termination for convenience by the
Board shall be effective on the termination date stated in written notice provided by
COUNTY, which termination date shall be not less than thirty (30) days after the
date of such written notice. This Agreement may also be terminated by the
County Administrator upon such notice as the County Administrator deems
appropriate under the circumstances in the event the County Administrator
determines that termination is necessary to protect the public health or safety.
The parties agree that if COUNTY erroneously, improperly or unjustifiably
terminates for cause, such termination shall be deemed a termination for
convenience, which shall be effective thirty (30) days after such notice of
termination for cause is provided.
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8.2 Notice of termination shall be provided in accordance with the "NOTICES" section
of this Agreement except that notice of termination by the County Administrator,
which the County Administrator deems necessary to protect the public health,
safety, or welfare may be verbal notice that shall be promptly confirmed in writing
in accordance with the "NOTICES" section of this Agreement.
8.3 In the event this Agreement is terminated for convenience, CONTRACTOR shall
be paid for any services properly performed under the Agreement through the
termination date specified in the written notice of termination. CONTRACTOR
agrees that CONTRACTOR shall not perform any additional work after notification
of the COUNTY terminating this Agreement for convenience. CONTRACTOR
acknowledges and agrees that it has received good, valuable and sufficient
consideration from COUNTY, the receipt and adequacy of which are, hereby
acknowledged by CONTRACTOR, for COUNTY's right to terminate this
Agreement for convenience.
8.4 The COUNTY shall have the right to terminate this Project Agreement and demand
refund of Program funds for noncompliance with the terms and conditions of the
Program. Failure to comply with these terms and conditions shall result in the
COUNTY declaring the CONTRACTOR ineligible for further participation in the
Program until such time as the CONTRACTOR complies therewith.
8.5 In the event this Agreement is terminated, any compensation payable by COUNTY
shall be withheld until all documents are provided to COUNTY pursuant to
Section 10.1 of Article 10.
ARTICLE 9
FINANCIAL STATEMENTS
9.1 GRANTEE hereby agrees to maintain books and records in accordance with
Generally Accepted Accounting Principles and properly reflect all expenditures of
funds provided by COUNTY under this Agreement.
9.2 GRANTEE agrees and understands that all funding authorized under this
Agreement shall be used only for eligible activities specifically outlined in this
Agreement. GRANTEE agrees to reimburse COUNTY any and all funds not used
in strict compliance with this Agreement.
9.3 Within thirty (30) days of receipt by GRANTEE of Single Audit Report, GRANTEE
shall provide to COUNTY on an annual basis the Single Audit Report prepared by
an independent certified public accountant showing that there are sufficient and
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5/18/11
acceptable internal controls over the administration of the GRANTEE's
grants. The Single Audit Report will encompass the controls over grants in
general without reference to any specific grant award.
9.4 Failure of GRANTEE to meet these financial reporting requirements shall result in
suspension of payment under this Agreement or any subsequent grant agreement
in effect, and disqualify GRANTEE from obtaining future grant awards until such
financial statements are received and accepted by COUNTY.
9.5 GRANTEE is required to, and hereby agrees to, account for any program income
related to Project financed in whole or part with Grant Program Funds.
9.6 CONTRACTOR acknowledges submission of financial statements to any other
Broward County office, agency, or division does not constitute compliance with
requirements to submit that material to Contract Administrator for this Agreement.
ARTICLE 10
MISCELLANEOUS
10.1 RIGHTS IN DOCUMENTS AND WORK
Any and all reports, photographs, surveys, and other data and documents
provided or created in connection with this Agreement are and shall remain the
property of COUNTY; and, if a copyright is claimed, CONTRACTOR grants to
COUNTY a non-exclusive license to use the copyrighted item(s) indefinitely, to
prepare derivative works, and to make and distribute copies to the public. In the
event of termination of this Agreement, any reports, photographs, surveys, and
other data and documents prepared by CONTRACTOR, whether finished or
unfinished, shall become the property of COUNTY and shall be delivered by
CONTRACTOR to the Contract Administrator within seven (7) days of termination
of this Agreement by either party. Any compensation due to CONTRACTOR shall
be withheld until all documents are received as provided herein.
10.2 AUDIT RIGHT AND RETENTION OF RECORDS
COUNTY shall have the right to audit the books, records, and accounts of
CONTRACTOR and its subcontractors that are related to this Project.
CONTRACTOR and its subcontractors shall keep such books, records, and
accounts as may be necessary in order to record complete and correct entries
related to the Project. All books, records, and accounts of CONTRACTOR and its
subcontractors shall be kept in written form, or in a form capable of conversion into
written form within a reasonable time, and upon request to do so, CONTRACTOR
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or its subcontractor, as applicable, shall make same available at no cost to
COUNTY in written form.
CONTRACTOR and its subcontractors shall preserve and make available, at
reasonable times for examination and audit by COUNTY, all financial records,
supporting documents, statistical records, and any other documents pertinent to
this Agreement for the required retention period of the Florida Public Records Act,
Chapter 119, Florida Statutes, as may be amended from time to time, if applicable,
or, if the Florida Public Records Act is not applicable, for a minimum period of three
(3) years after termination of this Agreement. If any audit has been initiated and
audit findings have not been resolved at the end of the retention period or three (3)
years, whichever is longer, the books, records, and accounts shall be retained until
resolution of the audit findings. If the Florida Public Records Act is determined by
COUNTY to be applicable to CONTRACTOR's and its subcontractors' records,
CONTRACTOR and its subcontractors shall comply with all requirements thereof;
however, no confidentiality or non -disclosure requirement of either federal or state
law shall be violated by CONTRACTOR or its subcontractors. Any incomplete or
incorrect entry in such books, records, and accounts shall be a basis for
COUNTY's disallowance and recovery of any payment upon such entry.
CONTRACTOR shall, by written contract, require its subcontractors to agree to the
requirements and obligations of this Section 10.2.
10.3 EEO COMPLIANCE
CONTRACTOR shall not unlawfully discriminate on the basis of race, color,
national origin, sex, religion, age, marital status, political affiliation, familial status,
disability, sexual orientation, pregnancy, or gender identity and expression in the
performance of this Agreement, the solicitation for or purchase of goods or
services relating to this Agreement, or in subcontracting work in the performance
of this Agreement and shall not otherwise unlawfully discriminate in violation of the
Broward County Code, Chapter 16Yz, as may be amended from time to time.
CONTRACTOR shall include the foregoing or similar language in its contracts with
any subcontractors or sub -consultants, except that any project assisted by the
U.S. Department of Transportation funds shall comply with the non-discrimination
requirements in 49 C.F.R. Parts 23 and 26, as amended. Failure to comply with
the foregoing requirements is a material breach of this Agreement, which may
result in the termination of this Agreement or such other remedy as COUNTY
deems appropriate.
CONTRACTOR shall not unlawfully discriminate against any person in its
operations and activities or in its use or expenditure of funds in fulfilling its
obligations under this Agreement. CONTRACTOR shall affirmatively comply with
all applicable provisions of the Americans with Disabilities Act (ADA) in the course
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of providing any services funded by COUNTY, including Titles I and II of the ADA
(regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, CONTRACTOR shall take
affirmative steps to ensure nondiscrimination in employment against disabled
persons.
By execution of this Agreement, CONTRACTOR represents that it has not been
placed on the discriminatory vendor list (as provided in Section 287.134, Florida
Statutes, as may be amended from time to time). COUNTY hereby materially
relies on such representation in entering into this Agreement. An untrue
representation of the foregoing shall entitle COUNTY to terminate this Agreement
and recover from CONTRACTOR all monies paid by COUNTY pursuant to this
Agreement, and may result in debarment from COUNTY's competitive
procurement activities.
10.4 INDEPENDENT CONTRACTOR
CONTRACTOR is an independent contractor under this Agreement. Services
provided by CONTRACTOR pursuant to this Agreement shall be subject to the
supervision of CONTRACTOR. In providing such services, neither
CONTRACTOR nor its agents shall act as officers, employees, or agents of
COUNTY. No partnership, joint venture, or other joint relationship is created
hereby. COUNTY does not extend to CONTRACTOR or CONTRACTOR's
agents any authority of any kind to bind COUNTY in any respect whatsoever.
10.5 PREVAILING WAGE REQUIREMENT
If construction work in excess of Two Hundred Fifty Thousand Dollars
($250,000.00) is required of, or undertaken by, CONTRACTOR as a result of this
Agreement, Broward County Ordinance No. 83-72, as may be amended from time
to time, shall be deemed to apply to such construction work; and further
CONTRACTOR shall fully comply with the requirements of such ordinance and
shall satisfy, comply with, and complete the requirements set forth in Exhibits B
and C.
10.6 THIRD PARTY BENEFICIARIES
Neither CONTRACTOR nor COUNTY intends to directly or substantially benefit a
third party by this Agreement. Therefore, the parties agree that there are no third
party beneficiaries to this Agreement and that no third party shall be entitled to
assert a claim against either of them based upon this Agreement.
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10.7 NOTICES
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand -delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified. The place for giving notice shall remain the same, as set
forth herein, until changed in writing in the manner provided in this section. For
the present, the parties designate the following:
FOR BROWARD COUNTY:
Dan West, Director
Broward Parks & Recreation Division
950 N . W.38th Street
Oakland Park, Florida 33309
(954) 357-8100
FOR CONTRACTOR:
Michael Gresek, Grant Administrator
City of Tamarac
7525 NW 88th Avenue
Tamarac, FI. 33321
(954) 579-3562
10.8 ASSIGNMENT AND PERFORMANCE
Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, CONTRACTOR shall not subcontract
any portion of the work required by this Agreement except as authorized by
Exhibit A.
CONTRACTOR -*represents that all persons delivering the services required by
this Agreement have the knowledge and skills, either by training, experience,
education, or a combination thereof, to adequately and competently perform the
duties, obligations, and services set forth in the Scope of Services and to provide
and perform such services to COUNTY's satisfaction for the agreed
compensation.
CONTRACTOR shall perform its duties, obligations, and services under this
Agreement in a skillful and respectable manner. The quality of CONTRACTOR's
performance and all interim and final products), provided to or on behalf of
CONTRACTOR, shall be comparable to the best local and national standards.
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10.9 CONFLICTS
Neither CONTRACTOR nor its employees shall have or hold any continuing or
frequently recurring employment or contractual relationship that is substantially
antagonistic or incompatible with CONTRACTOR's loyal and conscientious
exercise of judgment related to its performance under this Agreement.
CONTRACTOR agrees that none of its officers or employees shall, during the term
of this Agreement, serve as an expert witness against COUNTY in any legal or
administrative proceeding in which he or she is not a party, unless compelled by
court process, nor shall such persons give sworn testimony or issue a report or
writing, as an expression of his or her expert opinion, which is adverse or
prejudicial to the interests of COUNTY or in connection with any such pending or
threatened legal or administrative proceeding. The limitations of this section shall
not preclude CONTRACTOR or any other persons from representing themselves
in any action or in any administrative or legal proceeding.
In the event CONTRACTOR is permitted to utilize subcontractors to perform any
services required by this Agreement, CONTRACTOR agrees to prohibit such
subcontractors, by written contract, from having any conflicts within the meaning of
this section.
10.10 AMENDMENTS
Except for the provisions set forth in Article 5, no modification, amendment, or
alteration in the terms or conditions contained herein shall be effective unless
contained in a written document prepared with the same or similar formality as this
Agreement and executed by the Board and CONTRACTOR.
10.11 WAIVER OF BREACH AND MATERIALITY
COUNTY and CONTRACTOR agree that each requirement, duty, and obligation
set forth herein was bargained for at arms -length and is agreed to by the parties in
exchange for quid pro quo, that each is substantial and important to the formation
of this Agreement and that each is, therefore, a material term hereof.
COUNTY's failure to enforce any provision of this Agreement shall not be deemed
a waiver of such provision or modification of this Agreement. A waiver of any
breach of a provision of this Agreement shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms of
this Agreement.
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10.12 COMPLIANCE WITH LAWS
CONTRACTOR shall comply with all federal, state, local laws, codes, ordinances,
rules, and regulations in performing its duties, responsibilities, and obligations
related to this Agreement.
10.13 SEVERANCE
In the event this Agreement or a portion of this Agreement is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be
effective unless COUNTY or CONTRACTOR elects to terminate this Agreement.
The election to terminate this Agreement based upon this provision shall be made
within seven (7) days after the finding by the court becomes final.
10.14 JOINT PREPARATION
Each party and its counsel have participated fully in the review and revision of this
Agreement and acknowledge that the preparation of this Agreement has been
their joint effort. The language agreed to expresses their mutual intent and the
resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the parties than the other. The language
in this Agreement shall be interpreted as to its fair meaning and not strictly for or
against any party.
10.15 PRIORITY OF PROVISIONS
The applicable provisions of Sections 328.72, and 328.76, Florida Statutes, as
may be amended from time to time, and Section 9 1 /2-16 of the Broward County
Code, as may be amended from time to time, are hereby expressly incorporated
into this Agreement. In the event of a conflict or inconsistency between any term,
statement, requirement, or provision of any exhibit attached hereto, any document
or events referred to herein, or any document incorporated into this Agreement by
reference and a term, statement, requirement, or provision of this Agreement, the
term, statement, requirement, or provision contained in the Florida Statutes, and
Broward County Code, shall prevail and be given effect.
10.16 APPLICABLE LAIN AND VENUE
This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the state of Florida. All parties agree and accept that
jurisdiction of any controversies or legal problems arising out of this Agreement,
and any action involving the enforcement or interpretation of any rights hereunder,
shall be exclusively in the state courts of the Seventeenth Judicial Circuit in
Broward County, Florida, and venue for litigation arising out of this Agreement
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shall be exclusively in such state courts, forsaking any other jurisdiction which
either party may claim by virtue of its residency or other jurisdictional device. BY
ENTERING INTO THIS AGREEMENT, CONTRACTOR AND COUNTY HEREBY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL
BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT,
10.17 PRIOR AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters
contained herein and the parties agree that there are no commitments,
agreements, or understandings concerning the subject matter of this Agreement
that are not contained in this document. Accordingly, the parties agree that no
deviation from the terms, hereof, shall be predicated upon any prior
representations or agreements, whether oral or written. It is further agreed that
no modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document in accordance with
Section 10.10 above.
10.18 INCORPORATION BY REFERENCE
The truth and accuracy of each "Whereas" clause set forth above is acknowledged
by the parties. The attached Exhibits are incorporated into and made a part of this
Agreement.
10.19 MULTIPLE ORIGINALS
Multiple copies of this Agreement may be fully executed by all parties, each of
which shall be deemed to be an original.
[THIS SPACE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature: BROWARD COUNTY through its BOARD OF
COUNTY COMMISSIONERS, signing by and
through
its
County Administrator,
authorized to execute same by Resolution on the
twentieth
day
of June, 2000, and the
CITY OF TAMARAC,
signing
by and
through
its
MAYOR,
duly
authorized
to execute
same.
Witness
W' ess IIII
G
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CREATED : vA
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.: OCT st
Approved as to Insurance
Requirements
Ivlslvn
Risk Management Division
4P.,isInsurance and
;on r Gts Manager
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COUNTY
By:
County Administrator
day of
��70-vx r , 2014.
.
Approved as to form by
Office of County Attorney
Broward County, Florida
Joni Armstrong Coffey, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
14
Daphne Jones
Assistant County Attorney
AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR
THE BROWARD BOATING IMPROVEMENT PROGRAM GRANT
WITNESSES:
ATTEST:
City Clerk
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CONTRACTOR
TAMARAC
(Signature)
/Ulu c.�ne�� C . Ccrv►eC,� C%--t y /�rLQS.ey'
� (Print Name and Title)
day of "L4 5;
0
Reviewed and approved as to form by
15
City Atto
2O 13.
day of av% , 2013.
EXHIBIT "A"
I Project title: Veterans Memorial Park Boat Dock Project
I. Scope of project:
Construct
a 1,000 sq.ft.
floating boat dock adjacent to the
existing boat ramp,
and install
safety lighting
at the boat ramp.
A. CONTRACTOR agrees to complete the project known as the Veterans
Memorial Park Boat Dock Project, in accordance with plans approved by
the Broward County Marine Advisory Committee before construction
begins, and plans and specification prepared by, or under the supervision
and review of, a registered professional architect, engineer, or other
appropriate professional. These elements are identified in the project
application which is made a part of this Agreement by reference.
B. CONTRACTOR is responsible for obtaining all state, federal, and local
permits, licenses, agreements, leases, easements, etc., required for the
project.
C. CONTRACTOR agrees that the project, when completed, shall be
dedicated for public recreational uses. The dedication shall extend for a
minimum of twenty-five (25) years and shall be recorded in the public
property records. CONTRACTOR further agrees to return to the COUNTY
funds tendered for the project in the event the project becomes utilized for
other than the purposes of the project during this period.
D. The CONTRACTOR shall erect a permanent sign identifying the program
and the COUNTY as a funding source of project construction.
III. Required documentation of services rendered:
A. Contract Administrator is responsible for ensuring performance of its terms
and conditions and shall approve all payment requests prior to payment.
The CONTRACTOR shall submit to the COUNTY signed quarterly project
status reports on a calendar basis summarizing work accomplished,
problems encountered, percentage of completion, and other appropriate
information. Photographs shall be submitted when appropriate to reflect
work accomplished.
B. Upon project completion, the engineer, architect, or other appropriate
professional shall sign a statement certifying satisfactory completion of the
project in accordance with the prepared plans and specifications.
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IV. Matching Funds
A. Pursuant to Section 4.1 of this Agreement, CONTRACTOR agrees to
provide matching funds in the amount of $25,000.00.
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EXHIBIT "B"
Prevailing Wage Rates:: On November 17, 1983, the Broward County Board of County
Commissioners enacted Ordinance No. 83-72 providing that, in all non -federally funded
construction procurement activity of Two Hundred Fifty Thousand Dollars ($250,000.00)
or more, the rate of wages and fringe benefit payments for all laborers, mechanics, and
apprentices shall not be less than those payments for similar skills in classifications of
work in like industries as determined by the Secretary of Labor and as published in the
Federal Register (latest revision).
1. Prevailing Wage Rate Ordinance. This Project is not federally funded. If
the construction cost is in excess of Two Hundred Fifty Thousand Dollars
($250,000.00), the following sections shall apply:
a) The rate of wages and fringe benefit payments for all laborers,
mechanics, and apprentices shall not be less than those payments
for similar skills in classifications of work in a like construction
industry as determined by the Secretary of Labor and as published in
the Federal Register (latest revision).
b) All mechanics, laborers, and apprentices, employed or working
directly upon the site of the work shall be paid in accordance with the
above -referenced wage rates. CONTRACTOR shall post notice of
these provisions at the site of the work in a prominent place where it
can be easily seen by the workers.
c) If the parties cannot agree on the proper classification of a particular
class of laborers or mechanics or apprentices to be used, the
Contract Administrator shall submit the question, together with its
recommendation, to the County Administrator for final determination.
d) In the event it is found by the Contract Administrator that any laborer
or mechanic or apprentice employed by CONTRACTOR, or any
Subcontractor directly on the site of the work has been or is being
paid at a rate of wages less than the rate of wages required by the
ordinance, the Contract Administrator may: (1) by written notice to
CONTRACTOR terminate its right to proceed with the work or such
part of work for which there has been a failure to pay said required
wages; and (2) prosecute the work or portion thereof to completion
by contract or otherwise. Whereupon, CONTRACTOR and its
sureties shall be liable to COUNTY for any excess costs occasioned
to COUNTY thereby.
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e) Sections 1.a) through 1.d) above shall apply to this Agreement to the
extent that it is: (1) a prime Agreement subject to the ordinance; or
(2) a subcontract also subject to the ordinance under such prime
Agreement.
f) CONTRACTOR shall maintain payrolls and basic records relating
thereto during the course of the work and shall preserve such for a
period of three (3) years thereafter for all laborers, mechanics, and
apprentices working at the site of the work. Such records shall
contain the name and address of each such employee; its current
classification; rate of pay (including rates of contributions for, or costs
assumed to provide, fringe benefits); daily and weekly number of
hours worked; deductions made; and actual wages paid.
g) CONTRACTOR shall submit, with each requisition for payment, a
signed and sworn "Statement of Compliance" attesting to
compliance with Broward County Ordinance No. 83-72. The
Statement shall be in the form attached as Exhibit "C."
h) The Contract Administrator may withhold or cause to be withheld
from CONTRACTOR so much of the payments requisitioned as may
be considered necessary to pay laborers and mechanics, including
apprentices, trainees, watchpersons, and guards employed by
CONTRACTOR or any subcontractor on the work, the full amount of
wages req u i red by this Agreement.
i) If CONTRACTOR or any subcontractor fails to pay any laborer,
mechanic, or apprentice employed or working on the site of the work
all or part of the wages required by this Agreement, the Contract
Administrator may, after written notice to CONTRACTOR, take such
action as may be necessary to cause suspension of any further
payments or advances until such violations have ceased.
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EXHIBIT "C"
STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 83-72)
No.
Contract No. Project Title
The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by
the application for payment to which this statement is attached, all mechanics, laborers, and apprentices,
employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of
payments, contributions, or costs for fringe benefits have not been less than those required by Broward
County Ordinance No. 83-72 and the applicable conditions of this Agreement.
Dated
M
I!
CONTRACTOR
(Signature)
(Name and Title)
STATE OF }
SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2013, by who is personally known to me or who has produced
as identification and who did/did not take an oath.
WITNESS my hand and official seal, this day of , 2013.
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
typed, printed or stamped
(Title or rank)
(Serial number, if any)
My commission expires:
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